§2606 — Title 19 Customs Duties | U.S. Code

Summary

Designated archaeological or ethnological items that were exported from a State Party after they were marked as designated cannot be brought into the United States unless the State Party gives a certificate or similar paper saying the export did not break that country’s laws. If the person receiving the item (consignee) cannot show that certificate at customs, they can instead prove either that the item left the State Party at least 10 years before it entered the United States and that the importer or any related person did not agree to buy or get an interest in the item more than 1 year before entry, or that the item was exported on or before the date it was designated. “Satisfactory evidence” means sworn statements by the importer about the export date plus a written statement from the seller about the date or their belief and reasons. A “related person” means a family member (like a brother, sister, spouse, parent, or child), a business partner or associate, or a company in which the importer directly or indirectly owns, controls, or can vote 20 percent or more of the stock.

Title 19, §2606

Customs Duties — Source: USLM XML via OLRC

(a)No designated archaeological or ethnological material that is exported (whether or not such exportation is to the United States) from the State Party after the designation of such material under section 2604 of this title may be imported into the United States unless the State Party issues a certification or other documentation which certifies that such exportation was not in violation of the laws of the State Party.

(b)If the consignee of any designated archaeological or ethnological material is unable to present to the customs officer concerned at the time of making entry of such material—

(1)the certificate or other documentation of the State Party required under subsection (a); or

(2)satisfactory evidence that such material was exported from the State Party—

(A)not less than ten years before the date of such entry and that neither the person for whose account the material is imported (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before that date of entry, or

(B)on or before the date on which such material was designated under section 2604 of this title,

(c)The term “satisfactory evidence” means—

(1)for purposes of subsection (b)(2)(A)—

(A)one or more declarations under oath by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge—

(i)the material was exported from the State Party not less than ten years before the date of entry into the United States, and

(ii)neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before the date of entry of the material; and

(B)a statement provided by the consignor, or person who sold the material to the importer, which states the date, or, if not known, his belief, that the material was exported from the State Party not less than ten years before the date of entry into the United States, and the reasons on which the statement is based; and

(2)for purposes of subsection (b)(2)(B)—

(A)one or more declarations under oath by the importer or the person for whose account the material is to be imported, stating that, to the best of his knowledge, the material was exported from the State Party on or before the date such material was designated under section 2604 of this title, and

(B)a statement by the consignor or person who sold the material to the importer which states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such material was designated under section 2604 of this title, and the reasons on which the statement is based.

(d)For purposes of subsections (b) and (c), a person shall be treated as a related person to an importer, or to a person for whose account material is imported, if such person—

(1)is a member of the same family as the importer or person of account, including, but not limited to, membership as a brother or sister (whether by whole or half blood), spouse, ancestor, or lineal descendant;

(2)is a partner or associate with the importer or person of account in any partnership, association, or other venture; or

(3)is a corporation or other legal entity in which the importer or person of account directly or indirectly owns, controls, or holds power to vote 20 percent or more of the outstanding voting stock or shares in the entity.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.

Executive Documents

Delegation of Functions For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title.

§2606 Import restrictions